“My lease has expired but the tenant is still there. Has it become an open-ended tenancy?” The short answer is yes. If the tenant keeps using the property after the end date, and the landlord does not object promptly or keeps accepting rent, Taiwanese practice treats this as an implied renewal (默示更新). The lease becomes open-ended (不定期租賃), and from that point taking the property back involves far more procedure and far more time.
This guide covers the difference, the three legal traps, the four steps a landlord should take before expiry, and the notice periods. Tenants should read it too.
Fixed-term versus open-ended: what is the difference?
An open-ended lease is a tenancy with no agreed end date, or one whose term has expired without a new contract being signed. Under Civil Code Article 451 (民法第 451 條), if the tenant continues to live in the property after the term ends and the landlord does not immediately express objection, the contract is deemed to continue for an indefinite period. Nobody signs anything. It happens automatically.
| Fixed-term lease (定期租約) | Open-ended lease (不定期租約) | |
|---|---|---|
| Term | Start and end dates are written in | No end date |
| Can the landlord take the property back? | Yes, simply by not renewing at expiry | Only on statutory grounds, such as those in Land Act Article 100 (土地法第 100 條): taking it back to live in or rebuild, rent arrears reaching two months, unlawful use, unauthorised subletting |
| Can the tenant leave? | In principle the tenant sees out the term, or terminates early as the contract allows | The tenant can terminate with advance notice under Civil Code Article 450 (民法第 450 條); with monthly rent, one month’s notice |
| Rent adjustments | As the contract says | No written basis, so increases easily turn into disputes |
A common misunderstanding is that “a lease renews automatically for another year”. It only does so if the contract contains an express automatic-renewal clause. Without one, expiry produces an open-ended tenancy, and a landlord can no longer just say “I am not renewing”; a statutory ground is needed. Renewal or termination must therefore be settled before the end date.
The three legal traps of an open-ended tenancy
Trap 1: you cannot terminate just because you want to
In general an open-ended lease can be terminated by notice according to the rent payment cycle, but residential tenancies are also subject to special legislation and the Land Act. In practice a landlord usually needs a statutory ground and the right procedure: rent arrears reaching a set threshold, subletting without consent, breach of the agreed use, or the landlord’s own need to live in or rebuild the property.
Trap 2: the process is slow and expensive in time
From giving notice and sending a registered attestation letter (存證信函, a letter sent through the post office that records its content and delivery date), through to litigation and compulsory enforcement if needed, commonly takes months or longer. Keep the lease, evidence of arrears or breaches, proof of sending and receipt, and handover photos and video, or it takes longer still.
Trap 3: self-help is illegal and carries real risk
Until the legal process is complete, cutting water or electricity, changing the locks, entering without permission or clearing the tenant’s belongings may all be criminal offences, such as unlawful entry into a dwelling or interference with personal freedom, however urgently you want the property back.
Four steps for landlords to protect themselves
- Communicate 2 to 3 months before expiry. Use a registered attestation letter or another written channel that leaves a record. State whether you will renew, on what terms, and the handover date. If not renewing, say clearly that the lease ends at expiry and the tenant must move out.
- Write the contract clearly. Include “the lease terminates at expiry” and “renewal requires a new signed contract”. Avoid “automatic renewal” and vague wording. On renewal, sign a fresh contract in person and record the property’s condition again.
- If it has already become open-ended, give notice of termination as the law requires, allow the full notice period for your rent cycle, and keep proof of delivery.
- Go through the courts if necessary. Gather evidence of arrears, breaches or obstruction, try to negotiate, and if that fails proceed with civil action and then compulsory enforcement.
Our view: If the lease is notarised and states that the parties agree to direct compulsory enforcement (逕受強制執行), a landlord facing arrears or a tenant who refuses to leave can apply for enforcement on the strength of the notarial deed, without first suing to obtain a judgment. See our guide to lease notarisation. The interactive fee calculator is on our Chinese page (https://www.fshouse.com.tw/page/about/index.aspx?kind=455).
Notice periods for an open-ended lease
| How rent is calculated | Latest notice (before the end of the period) |
|---|---|
| Weekly | At least one week in advance |
| Half-monthly | At least half a month in advance |
| Monthly (the most common) | At least one month in advance |
This is a summary of common practice. The contract and mandatory legal provisions take precedence.
A sample non-renewal notice
The Chinese page includes a template. In substance: identify the property and the lease signing date, state the expiry date, notify the tenant that the lease terminates at expiry and will not be renewed, and ask for handover on that date with all charges settled and all keys returned. Send it by registered attestation letter or mail with proof of delivery, and follow up on LINE or email.
Statutory grounds for termination or repossession
Common grounds under the Civil Code (examples)
- Late rent reaching a threshold. In practice, arrears totalling two months’ rent is the key benchmark for terminating the contract.
- Subletting without consent. If the tenant sublets to someone else without permission, the landlord may terminate.
- Breach of use or serious harm. Using the property contrary to the agreed purpose, damaging it, or disturbing neighbours, and failing to correct this after a demand.
Common grounds listed in the Land Act (for buildings)
- The landlord or a direct relative needs to live there (usually on condition that they have no other home of their own, or there is a genuine need).
- Rebuilding, renovation or demolition (under an urban plan or where genuinely necessary).
- Breach of contract, unlawful use, arrears and the other listed situations.
These grounds must meet the statutory requirements and procedure. They are not a licence to take the property back at will.
Our view: “I need the property back to live in myself” is the ground landlords claim most often, but in practice the authorities usually expect the landlord to have no other home available. Get professional advice on whether you qualify before relying on it, or a failed claim can prolong the dispute.
What this means for tenants
If you want to stay past the end date, ask for a new signed contract rather than relying on a roll-over. An open-ended tenancy lets you leave with one month’s notice when rent is monthly, but leaves rent adjustments without a written basis. Whatever the status of your lease, a landlord cannot cut your utilities, change the locks or remove your belongings without the legal process.
FAQ
My contract says “terminates at expiry”, but the tenant stayed and I kept taking rent. Is it open-ended now?
Possibly. If the tenant keeps using the property and the landlord does not object promptly or keeps accepting rent, practice tends to treat it as open-ended. Complete the handover on the expiry date, or state in writing that you are not renewing.
Does an open-ended lease always need a statutory ground to terminate?
In principle notice can be given according to the rent cycle. But residential tenancies are subject to special legislation and the Land Act, so grounds such as own use or rebuilding must meet the requirements, with full notice or compensation where applicable.
How many months of arrears allow termination? Can the deposit be used to cover rent?
Practice commonly uses arrears totalling two months’ rent as the key threshold. The deposit is security, not rent; a tenant who tries to offset rent against the deposit may still be in late payment.
Can I cut the utilities or change the locks to make the tenant leave?
No. This kind of self-help carries criminal risk, including unlawful entry and interference with personal freedom. Use the lawful sequence: notice, termination, litigation and enforcement.
Must a non-renewal notice be sent by registered attestation letter?
Not necessarily, but use a method that leaves a record and proves delivery, and back it up on LINE or email.
Conclusion
The most effective way to avoid an open-ended tenancy is to communicate 2 to 3 months before expiry, state clearly whether you are renewing, and complete the handover on the expiry date. See also rental disputes and the move-out inspection guide. Tell us your lease end date through our contact page and we can help plan the renewal or repossession timeline. More guides are on the rent hub.